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Supreme Court of India 2018-11-26 allowed

State of Madhya Pradesh and others vs Abhijit Singh Pawar

Bench: 2 — Uday Umesh Lalit

In Brief

A candidate applied for police recruitment in 2012 while a criminal case was pending against him. He truthfully disclosed the pending case in his verification affidavit. The criminal case was later compromised between the parties, resulting in his acquittal. Despite his disclosure, the police authorities rejected his candidature on grounds of unsuitability based on character verification. The High Court overturned this rejection, holding that the truthful disclosure and subsequent acquittal entitled him to appointment consideration. The Supreme Court reversed the High Court, holding that even when criminal antecedents are truthfully disclosed, police authorities retain full discretion to assess a candidate's suitability based on the severity of charges and whether acquittal was honourable or merely technical. Acquittal by compromise does not cure concerns about character fitness for police service.

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Police Recruitment Character Verification Criminal Antecedents Compounding of Offences Administrative Law Public Service Character and Fitness

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